FORMER FINE Gael politician Liam Cosgrave and businessman Jim Kennedy are seeking court orders requiring discovery of a range of documents for their separate legal bids to stop their trials related to alleged corrupt payments for rezoning of lands in Carrickmines in Dublin in the 1990s.
The documents sought include correspondence, notes and memos between the Director of Public Prosecutions, the National Bureau of Criminal Investigation and the Criminal Assets Bureau relating to investigations concerning both men.
They also want documentation relating to former government press secretary and lobbyist Frank Dunlop, who the court heard is the main witness against both men.
In separate judicial review proceedings to be heard later this month, both seek orders halting their trials, which are listed for hearing in October. Mr Kennedy and Mr Cosgrave are charged in connection with the attempted rezoning of land owned by Jackson Way Properties at Carrickmines in 1992 and the successful rezoning of part of these lands in 1997.
Mr Justice John Hedigan yesterday began hearing separate discovery applications by both. The applications arise out of the DPP’s statement of opposition to their judicial review proceedings.
Luán Ó Braonáin SC, for Mr Kennedy, said his client was seeking documents regarding the prosecution of Mr Dunlop, including material related to the DPP making clear he would only consider prosecuting Mr Kennedy and four councillors if Mr Dunlop was convicted. Mr Ó Braonáin also sought documentation relating to the directions to locate, interview, arrest and charge his client.
Philip Rehn, for Mr Cosgrave, told the court his client was seeking a range of documents, including all correspondence between the DPP and Cab during the investigation of his client. He also wanted an affidavit sworn by Mr Dunlop in 2006.